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BCA Terms of Purchase

The following Terms of Purchase (“Terms”) apply to all sales transactions between you, a customer, and BCA, LLC (“Bear Creek,” “we,” or “us”), initiated on the BCA website, bearcreekarsenal.com (“Site”).  We reserve the right to revise these Terms at any time.  All sales transactions are subject to the then-current Terms presented to you at checkout.  Accordingly, you should review these Terms each time you purchase products through the Site.  If you do not agree with these Terms, please do not purchase any products through the Site.

I understand it is my full responsibility to make sure the firearm or accessories I am purchasing are legal for me to own under all laws that are applicable to me. By accepting the Terms, I agree that I am legally allowed to own the items I am purchasing, and I represent to Bear Creek that the sale and delivery to me of a firearm will not violate any State law or published ordinance.  I also hereby certify that I am 18 or older if I am purchasing a rifle and 21 or older if I am purchasing a handgun or lower assembly.

  1. LIMITED LIFETIME WARRANTY

BEAR CREEK MAKES NO WARRANTY, EXPRESS OR IMPLIED WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR OTHERWISE, EXCEPT AS FOLLOWS.  All products purchased through the Site are warranted from the date of purchase (herein defined as the date a product is ordered and payment is submitted through the Site), as follows:

 (a)   Products are warranted to be free from defects in materials and workmanship.  No other warranty is made or provided herein.

 (b)   The limited warranty described herein is provided solely to, and shall only be honored with respect to, the original purchaser of the warranted product.  The resale or conveyance of a product otherwise warranted herein shall immediately and irrevocably void the warranty.

 (c)   To initiate a warranty claim, email bcareturns@bearcreekarsenal.com with your order number or proof of purchase and a picture of the issue you are experiencing.

(d) Remove all accessories/attachments before returning item. Extra fees may be charged if accessories are not removed.

 (e)   Bear Creek is not responsible for any late, lost, or stolen warranty claims.

 (f)   Bear Creek will service all timely submitted and covered warranty claims by, at its sole option, repairing or replacing the defective product.

 (g)    Bear Creek will reimburse FFL transfer fees associated with any submitted, covered, and accepted warranty claims on firearms.  If your warranty claim is rejected for any reason, no reimbursement shall be provided.

 (h)    No reimbursements will issue to you until we have received, processed, and accepted your warranty, and completed any repair or replacement of the warranted product.

 (i)   If you contact us with questions or to inquire about the status of your warranty claim, we may request that you provide the Order Number indicated on your warranty/return form.

 (j)    BCA will not reimburse or repair any products that were sent to another company for service/repair.  BCA is the only authorized company to complete modifications without voiding the warranty.

 (k)     WHERE NOT LIMITED OR PROHIBITED BY LAW, BEAR CREEK IS NOT RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER THIS LIMITED WARRANTY, WHETHER ARISING BY WAY OF EXPRESS OR IMPLIED WARRANTY, NEGLIGENCE, OR OTHERWISE.  BEAR CREEK’S LIABILITY UNDER THIS LIMITED WARRANTY IS STRICTLY LIMITED TO ITS OBLIGATION TO REPAIR OR REPLACE A WARRANTED PRODUCT, AND TO REIMBURSE FFL TRANSFER FEES ASSOCIATED WITH ANY SUBMITTED, COVERED, AND ACCEPTED WARRANTY CLAIMS ON FIREARMS.

 The foregoing limited warranty does not apply to or cover any of the following:

  • Normal wear and tear
  • Damage caused in whole or part by failure to perform proper care and maintenance
  • Damage caused in whole or part by the use of nonstandard ammunition, including without limitation high velocity or high pressure ammunition, tracer ammunition, or hand-loaded ammunition
  • Damage caused in whole or part by unauthorized modification or alteration, unauthorized repair, misuse, or abuse
  1. RETURN POLICY

All of our products are guaranteed for thirty (30) days from date of purchase (herein defined as the date a product is ordered and payment is submitted through the site).

To return a product:

(a)   Request a warranty/return by contacting us at bcareturns@bearcreekarsenal.com.

(b)   Return the product, with proof of purchase by using the RMA provided to you by our warranty or customer service team.

(c)   If you contact us with questions or to inquire about the status of your return, we may request that you provide the Order Number indicated on your warranty/return form.

(d)   All returns made within 30 days will not be charged return shipping or a restocking fee.

(e)   Items purchased with a BCA gift card will be refunded as store credit valid for 30 days after issuance.

(f)   After 30 days a refund is available in the form of a store credit which will be valid for 30 days after issuance. Store credit is to be used by the designated recipient and unless otherwise approved by the issuer.

(g)   If return is 6 months or longer from ship date there is a 15% restocking fee.

(h)  Items purchased with store credit cannot be returned.

 All product returns are subject to the following terms and limitations:

  • We reserve the right to reject any returned product, and to decline to issue any reimbursement, if in our sole judgment the returned product has been damaged by you or otherwise while in your custody or care.
  • Returns must be postmarked or otherwise received by us within thirty (30) days from date of purchase.  Returns not postmarked or received by us within the applicable period will not be processed or honored, and will be refused and/or returned to you at your expense.  BCA is not responsible for any late, lost, or stolen returned products.
  • It is your responsibility to obtain insurance for any returns, and to pay any necessary shipping and insurance costs.  Bear Creek shall bear no responsibility for any loss or damage to returned products incurred during transit.  No reimbursement shall be provided for any shipping or insurance costs.
  • We will make payment on any accepted returns in the same manner as payment was received.  By way of example, if you purchased a product via credit card, we will attempt to credit the return to the same card.
  • No return payment will issue to you until we have received, processed, and accepted your returned product, packaging, proof of purchase, and return tag.
  • Typical processing time is 3-7 business days from the date we receive your return.
  • Returns from dealer purchases are capped at ninety (90) days from the date of purchase, superseding the above return periods and/or information for retail purchases.
  1. MISCELLANEOUS

 The following additional terms apply to all sales:

  • All sales end at 11:59PM EST the day the sale is scheduled to end and giveaways are WHILE SUPPLIES LAST (Availability Subject to Change)
  • We begin processing your order as soon as your order is placed and it cannot be modified, altered or cancelled.
  • Photographic, typographic, descriptive and pricing errors are unintentional and subject to change.
  • All prices, product specifications, and product configurations are subject to change without notice, and at the sole discretion of Bear Creek. No refunds or credits will be granted for any sales or price changes on previous orders. All orders must be paid in United States dollars, by accepted credit card, or certified check.
  • Bear Creek will sell and ship firearms or firearms components to individuals or entities residing in any state, however there may be regulations prohibiting certain items to certain states. (such as high capacity magazine laws and only Heavy Barrel profile items can ship to Maryland)
  • From time to time, Bear Creek may conduct contests, giveaways, sweepstakes, and/or promotions through the Site (“Promotions”).  Additional terms and conditions may apply to each Promotion, which terms and conditions will be posted and available on the Site.  It is your responsibility to review any additional terms and conditions applicable to a Promotion in order to determine eligibility and requirements for participation.  In the event of a conflict between these Terms and the additional terms and conditions applicable to a Promotion, the additional terms and conditions applicable to a Promotion shall apply.
  • You are responsible at all times for complying with relevant federal, state, and local law, including without limitation with respect to your purchase and use of firearms.
  • The export of certain products from the United States is strictly prohibited without a valid export license issued by the U.S. Department of State, in accordance with the International Traffic in Arms Regulations (“ITAR”) (22 C.F.R. 120-130), or a valid export license issued by the U.S. Department of Commerce, in accordance with the Export Administration Regulations (“EAR”) (15 C.F.R. 730-774).  In addition, United States law prohibits the sale, transfer, or export of items to certain restricted parties, destinations, and embargoed countries, as identified on lists maintained by the U.S. Department of State, the U.S. Department of Commerce, and the U.S. Department of Treasury.  It is your responsibility to review these lists and the items identified thereon.  By purchasing products from us, you hereby represent that you will not engage in any unauthorized transaction involving the export of Bear Creek products to any restricted parties or destinations, and further represent that you will comply with all requirements imposed by all applicable laws, regulations and administrative policies.
  • You and Bear Creek both agree that Bear Creek’s maximum liability under these Terms, and based on your purchase of products through the Site, shall be equal to the aggregate market value of such products. IN NO EVENT SHALL BEAR CREEK BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, ARISING OUT OF RELATING TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE AND/OR ANY USE OF OR DEFECTS IN SUCH PRODUCT(S).
  • These Terms may not be changed, modified or amended, except as expressly provided herein or otherwise in writing signed by an authorized representative of Bear Creek.  You may not assign any rights or interests under these Terms without the prior written consent of Bear Creek.  The rights and obligations of the parties under these Terms shall be governed by the law of the State of North Carolina, including the Uniform Commercial Code as adopted by the State of North Carolina, excepting North Carolina and the Uniform Commercial Code conflicts of law rules.
  • If any provision of these Terms shall be held invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby.
  • No rainchecks or special orders.
  • Coupon codes may not be combined with other discounts.
  • BCA will answer emails in a timely manner in order of received.  If the question is needed quickly, calls can be directed to our customer serivce department.
  1. Shipping Information

We cannot ship to PO Boxes, US territories, or carrier locations.

Please allow 1-14 business days for orders to process before they are shipped. You will receive an email within 48 business hours of placing your order with confirmation that your order has begun processing. We will provide you with your tracking number when it is packed and ready to be shipped. Once your order leaves our facility the tracking number will become active.

BCA can only be held accountable for our own shipping policy (must be shipped by 14 business days post purchase). We are not responsible for any carrier delays once your package has left our premises, this includes but is not limited to, expedited shipping methods. 

ALL complete firearms, 100% lowers and lower assemblies must be shipped to an FFL Dealer.

  1. Express Orders

Express shipping options are only an indication of how long the order will take to ship, number of business days, once it leaves our facility. All orders are still subject to standard processing times. 

    Changes to Terms

    These Terms and Conditions are subject to change at any time without notice.

     

    Mobile Terms & Conditions 

    BCA offers its customers mobile alerts regarding marketing promotions, product and brand updates, as well as shopping cart reminders by SMS message (the “Service”) on 87462. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy. 

     

    Signing Up and Opting-In to the Service 

    Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. BCA reserves the right to stop offering the Service at any time with or without notice. 

    By opting into the Service, you: 

    1. Authorize BCA to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in). 
    2. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
    3. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
    4. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, customerservice@bearcreekarsenal.com. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails.

     Content You May Receive 

    Once you affirm your choice to opt-in to the Service on 87462, your message frequency may vary. You may receive alerts about: 

    1. Sale promotions
    2. Event information
    3. Product launch announcements
    4. Cart reminders

     

    Charges and Carriers 

    Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. 

    Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. BCA may add or remove any wireless carrier from the Service at any time without notice. BCA and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages. 

     To Stop the Service 

    To stop receiving text messages from BCA, text the word STOP to 87462 any time or reply STOP to any of the text messages you have received from BCA. After texting STOP to 87462, you will receive one additional message confirming that your request has been processed.

     

    Questions 

    You can text HELP for help at any time to 87462. This will provide you with information to contact customer service via phone at 919-439-8133 or email at customerservice@bearcreekarsenal.com.

    Consider adding an arbitration clause to your mobile terms, similar to the clause located below. We recommend consulting with your legal team for guidance on appropriate placement in mobile terms and if there is anything else they would like to add to the clause.

     

    Arbitration and Class Action Waiver

    Please read this carefully.  It affects your rights. Any dispute or claim relating in any way to your use of BCA’s services will be resolved by binding arbitration, rather than court.

    This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory.  You and BCA hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration.  Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”).  However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules.  The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.  YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BCA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

    THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD.  RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS.  FURTHER, AND UNLESS YOU AND BCA AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

    You and BCA are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.  BCA, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous.  Otherwise, the AAA’s Rules regarding costs and payment apply.

    This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

    If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.  If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

    Changes to Terms

    These Mobile Terms and Conditions are subject to change at any time without notice.